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1 Response 2C 21 July 2005 Edinburgh Tram (Line One) Bill Consideration Stage - Phase 1 Response to the request for follow-up evidence at the committee meetings of 21 and 27 June (i) (ii) (iii) A summary of the work undertaken by the promoter which determined that double track running down the Roseburn Corridor was preferable to single track; A response to the questions posed by Ian Hutchison in relation to the Craigleith Bridge/bank removal and landfill; More detailed information on the enforceability of the Code of Construction Practice. (i) A summary of the work undertaken by the promoter which determined that double track running down the Roseburn Corridor was preferable to single track. 1. The promoter has been asked for a summary of the work undertaken by the promoter that determined that double track running down the Roseburn Corridor was preferable to bi-directional single track. In reality the starting assumption has been and remains that the tramway should be double track throughout and single track would only be considered if a double track option was not considered feasible, which has not so far been the case. 2. We now summarise the issues arising if a section or sections of single track were to be adopted and would summarise these as follows: The reliability of operation of the service would decrease. This is particularly the case with Edinburgh Tram Line One as it is (a) a circular service without the usual ability to recover delays during waiting time at termini and (b) potentially affected by traffic delays over a considerable proportion of the route so that maximum benefit should be obtained from the locations where full segregation is available. Bi-directional single line working requires additional track pointwork, and also signalling and control equipment to ensure safe operation. These elements inevitably introduce additional sources of performance risk whilst simultaneously increasing maintenance costs. This means that there is a further definite reduction in service reliability, and increase in running costs. Due to the restrictions of a layout with single line sections, any disruption anywhere on Line 1 will take longer to recover from. ::odma\pcdocs\dmedinburgh\464647\1 jhm

2 Due to speed restrictions at the pointwork where double track changes to single and vice versa, run times increase. Speeds may also be restricted in particular locations to allow for additional tram driver visibility requirements. The presence of single line sections has a fundamental impact on the timetable that can be delivered. To achieve the same service frequency with the layout restrictions will almost certainly require trams to wait for others in the opposite direction to vacate single line sections. This increases overall journey times. As a result of the curvature on and off the single line sections, the lateral ride quality is reduced compared with plain double track. All these foregoing factors affecting journey time, reliability and quality will reduce the actual and perceived advantages of the service offered to the public. The importance of providing the best possible run time for a tramway cannot be overemphasised as slowing down journey times impact adversely upon both patronage and operating costs. The space required for the completed tramway for such single line sections would be reduced, albeit by rather less that half the width. The same amount of space will be required at passing places where double track is required. Construction disruption would not be significantly reduced compared to double track. This is particularly the case at passing places and tramstops and where the height of the track is to be changed compared with the existing nominal level. The capital cost of the infrastructure is very unlikely to be reduced as the reduction in quantity of track and overhead line will be balanced by the new requirements for pointwork, signalling etc. Due to the longer journey times, and depending on the option considered, it is likely that additional trams will be required to operate the same level of service. As the service is circular, one additional tram would be required for each direction in this case. This results in a significant increase in capital costs. The ongoing maintenance costs will be increased due to the increased pointwork and signalling equipment. In the case that additional trams are required to operate the service, there will be significantly increased operating costs for the drivers and the power consumed. There is greater potential for confusion among pedestrians and other users of crossings of the line as to the direction of movement of trams. The same would also apply at any tramstops on single line sections. ::ODMA\PCDOCS\DMEDINBURGH\464647\1 2

3 3. The impact of each of the issues identified will vary depending on the number and length of single track sections under consideration. 4. Some other UK tramways have single line sections. However, these are all: On routes with lower service frequency that ETL 1 Or Near the ends of routes where the trams can use the time at the terminus to recover or proportionally absorb from the disruptive effects Or Both 5. In some cases sections that were originally single have been subsequently converted to double track because as single line sections they were not sufficiently reliable or constrained the service which could be offered. Conversion to double track would be more expensive and disruptive than building double track initially. 6. The promoter therefore recommends that double track operation is fundamental to a reliable tram service, a key aspiration of the promoter that underpins the design approach throughout. A double track layout has therefore been proposed and should be retained. (ii) A response to the questions posed by Ian Hutchison in relation to the Craigleith Bridge/bank removal and landfill. Query One: Old Platform opposite the Holiday Inn near Craigleith Ian Hutchison: 7. The current platform is less than a metre high and it is to be removed. The bank will be cut back so much that there will be walls between 1.4m and 1.6m high lining the cutting. How much more will it have to be cut back to secure the soil from slippage and from the collapse of the badger sett above it? Response: 8. No detailed design has been undertaken at this stage relating to the cut and fill profiles on the Roseburn Corridor but it is the intention at this point that all non contaminated cut material be retained as fill material. At this particular section, (see chainage on attached drawing), we have identified three possible engineering solutions that could be implemented and have defined the earthworks that would be required to construct stable vertical walls. The first option of vibratory sheet piling is included although it is considered unlikely to be acceptable in the vicinity of badger setts, due to the level of disturbance, even though it would entail less earthworks. See drawing 0509 showing the plan of the area in question. 9. Sheet-piling (See attached sketch, option one) This method would involve vibrating sheet piles into the ground until hard strata such as bedrock is located or until the pile is approximately 2/3 s below ::ODMA\PCDOCS\DMEDINBURGH\464647\1 3

4 ground. There should be no requirement to cut back any further into the slope using this method. Vibratory piling is however likely to cause significantly more disturbance to badgers than other approaches and is therefore unlikely to be acceptable. 10. Gabion baskets (See attached sketch, option two). This method uses steel mesh baskets containing rock or suitably sized material providing a robust and free draining characteristic whilst retaining the mass behind it. Gabion baskets are generally constructed at a slight angle to the earth mass to be retained. The dimensions of gabion baskets vary depending on the mass of earth to be retained and the height of wall to be constructed. At this particular section, chainage 11040, the slope will need to be cut back approximately 2 metres behind the face of the basket to enable the basket to be placed appropriately. 11. Pre-cast concrete retaining walls (See attached sketch, option three). In general the basic dimensions of concrete earth retaining structures are defined by the length of heel required to stabilise against earth pressures. Typical heel lengths are related to the height of wall required and usually fall within x height of wall. In this scenario the slope would need to be cut back approximately 2 metres into the embankment behind the face of the retaining wall. 12. Impact of Options In the vicinity of the badger setts located on the westerly cutting slope in this location, the slope running down to the old station platform is currently between 18 and 19 metres wide (measured horizontally) and at an angle of approaching 1 in 1. The new retaining wall is expected to be located with its face set up to 1 metre behind the rear edge of the old platform. If either a gabion basket or pre-cast concrete retaining structure is used the embankment will therefore have to be cut back by 3 metres to a width of 15 to 16 metres (measured horizontally) and will then be reinstated to within 1 metre of its current width. The angle of the slope will not be altered. 13 The badger setts entrances are located towards the top of the cutting slope and tunnels are likely to extend backwards into the slope and along the slope rather than downhill towards the base. Cutting back 3 metres into the base of the slope at a distance of at least 10 metres from sett entrances is not therefore expected to directly impact on setts. 14. There will be disturbance during construction works and these will require licensing under the Protection of Badgers Act The works are unlikely to be within the distance at which the most stringent controls would be exercised under the Act (the most stringent controls are applied to works within 10 metres of a sett entrance). 15. A licence will only be granted if SNH are content that suitable mitigation measures are put in place to minimise impacts. These will be set out in a detailed Badger Mitigation Plan which will accompany the application of a licence and will include measures to reduce the disturbance to badgers, ::ODMA\PCDOCS\DMEDINBURGH\464647\1 4

5 including programming works in the vicinity of the main sett outside the breeding season (which is classed as 30th November to 1st July for licensing) and erection of temporary fencing around sett entrances to prevent any accidental damage or incursion. The Edinburgh and Lothians Badger Group and SNH will be consulted during preparation of the plan and the final plan will require to be approved by SNH. Query Two: Ravelston Dykes Ian Hutchison: 16. At Ravelston Dykes, the trees opposite the badger sett will be removed, a concrete ramp will be built and the level of the track will be raised. How will the badgers in the sett be affected during construction? How high will the track bed be and how many tonnes of infill will be required to achieve that? Response: How will the badgers in the sett be affected during construction? How high will the track bed be? 17. In this location the easterly cutting slope in the vicinity of the badger setts is between 15 and 19 metres wide (measured horizontally). To construct the tram road the existing footpath level will be raised by just over 2 metres reducing the horizontal width of the cutting slope by about 3 metres. 18. There will be no direct impacts to the main badger sett or the annex sett entrances in this location although the edge of the tramroad will be some 3 metres closer (horizontally) than the edge of the current footpath, possibly coming within about 5 metres of an annex sett entrance. The distance to the main sett entrance will be greater as it is located further back and on a wider section of cutting slope. As at the Holiday Inn the sett tunnels will extend backwards and along the slope rather than downhill and direct impact on tunnels should not occur. 19. There will be disturbance during the construction works. As these will be undertaken within 10 metres of a sett entrance they will be subject to the most stringent controls under the Protection of Badgers Act. As noted above, mitigation measures will be set out in detail in the Badger Mitigation Plan. How many tonnes of infill will be required? 20. Achieving this proposed height of track from Ravelston Dykes Bridge to the end of the access ramp, which is around 80m north of the bridge will require approximately 185 m 3 of material. Most of this fill, if not all of it, can be supplied from the excavation works on the embankment opposite the badger setts required for construction of the proposed access ramp. The volume of 185 m 3 approximately equates to 330 tonnes of material, based on a typical density of 1.8 tonnes per m 3. ::ODMA\PCDOCS\DMEDINBURGH\464647\1 5

6 (iii) More detailed information on the enforceability of the Code of Construction Practice. Background 21. It should be noted that public interests are protected by Scottish, UK and EU legislation, as well as by the workings of the Code of Construction Practice (the CoCP). 22. Compliance with the CoCP will not absolve the Contractor from compliance with all Legislation, Codes and Standards relating to construction. The Contractor will be responsible for ensuring that the current versions of all legislation, Codes and Standards are complied with. Wherever the CoCP makes reference to any Legislation, Standards or Codes it shall be the Contractor s responsibility to ensure that the current versions are used at all times. It is the contractor s responsibility to ensure that the current versions of all legislation, byelaws, standards and guidance are complied with. The Contractor shall fully comply with all relevant Legislation, Codes, Standards and the general guidance from the Health and Safety Executive and HM Railways Inspectorate. More detailed information on the enforceability of the Code of Construction Practice. 23. The City of Edinburgh Council (the Council) intends that the provisions of the CoCP will be incorporated in the contract(s) for the construction of the Edinburgh Tram. The Contractor will be required to comply fully with the terms of the CoCP and proportionate contractual penalties will be applied for failure in compliance. Tie will ensure that adequate contractual provisions will be made for auditing compliance and rectifying any breaches of the CoCP during construction. 24. Tie will establish an appropriate person ( the Client Representative ) to ensure compliance with the CoCP by all contracting parties. [CoCP s.1.2]. The Council will create a similar post to that of the Client Representative, for ease of reference, the Nominated Council Officer (the NCO). The NCO would be the single point of contact between the Contractor and the Council. He/she will have similar rights and duties to those of the Client Representative. How would the public notify someone of a breach? 25. Nothing within the CoCP is intended to restrict the public s access to normal routes for complaint; if statutory requirements appear to have been breached then complainants have the right to complain to the appropriate statutory authority; the Lothian and Borders Police, Scottish Natural Heritage, the Factory Inspectorate, the Pollution Inspectorate, the Health and Safety Executive, or the Environmental Health Department of the Council. It should be pointed out that the Council has certain statutory duties to ::ODMA\PCDOCS\DMEDINBURGH\464647\1 6

7 investigate complaints and that these must be carried out in accordance with legislation notwithstanding the Council s position as promoter of the Edinburgh Tram. Complainants may complain to the NCO or their elected representatives; Councillors, MSPs or MPs Notwithstanding the above the quickest and most direct route is through the Complaints Hotline. 26. The CoCP provides for the setting up of an easily accessible first point of contact for an aggrieved person by creating the Complaints Hotline. In many cases the complaint may concern a nuisance; [ you are making noise, dust, smells ] or that an obstruction has been created; [ you have left a pile of rubbish in front of my driveway ]. In these cases the Complaints Hotline will provide direct access to the Contractor and will ensure that the information can be passed quickly to those best placed to remove the cause of complaint. 27. The CoCP states; 2.3 Complaints Hotline The Contractor shall also provide and maintain a Freephone Hotline to deal with any complaints, comments or queries received in connection with the Edinburgh Tram Works. The Hotline will be answered by the Liaison Officer, a deputy or by another designated competent operator between the hours of 0700 and one hour after work terminates for the day, on every day when construction work is being undertaken. Outwith these hours an automated call recording service will be provided. The telephone number, fax number and website address of the hotline shall be publicised through the press and the Weekly newsletter and clearly displayed on hoardings around every worksite and at other suitable locations within and in the vicinity of every worksite. 28. Having made such a complaint the Contractor is required to log it; 2.4 Contacts Log All complaints, comments and queries received shall be registered in a suitable Log and appropriate action in response instigated within 24 hours by the Contractor. A record of remedial action shall be logged, in the event of a complaint a follow up letter or electronic communication shall be passed to the complainant within 48 hours of the initial complaint, outlining their complaint and the remedial action being undertaken by the Contractor. All comments, questions and complaints shall be logged in writing together with any response and a record of any actions taken, including a record of the time when that action is completed. An up to date copy of the Contacts Log shall be compiled daily, together with a report on the progress of any actions. The Contacts Log shall be inspected and signed daily by a nominated senior representative of the Contractor and shall be counter signed by the Contractor s Project Director at least once per week. ::ODMA\PCDOCS\DMEDINBURGH\464647\1 7

8 A copy of each week s Contacts Log shall be placed every Friday in the Information Centre, where it will remain until completion of all construction works. All deposited copies of the contact log may be freely inspected by any person during the normal opening hours of the Information Centre. An additional copy of the Contacts Log shall be forwarded to tie once per week and the master register shall be available for tie to inspect at any other time during normal working hours. 29. This process ensures that the Contractor is informed of the problem immediately and that appropriate persons within tie and the Council are informed within a reasonable time. Who will be checking that contractors comply with it [the CoCP] 30. Tie confirms that the Client Representative will be the person in receipt of the Contacts Log and will be the person made aware of the complaints received and the remedial action undertaken by action of the final paragraph of CoCP s2.4. Tie confirms that the Client Representative will undertake appropriate audits including unannounced and irregular visits of inspection to work sites and will also visit the information centre to inspect the public version of the Contacts Log. Who investigates 31. The initial investigation is the responsibility of the Contractor, who must investigate within 24 hours [CoCP s.2.3]. The Clients Representative and the NCO will become aware of the complaint in the week following the complaint. They may then investigate the complaint in propria persona, or by means of an agent. 32. Tie and the Council will establish a protocol for; the management of these investigations for their reporting and recording within the client organisation the forwarding of official Notices of Investigation of Complaint to the Contractor a mechanism for addressing the matter of complaint. the requirement to inform the complainant of the progress towards dealing with the complaint a reporting mechanism to ensure that the complainant is satisfied at the end of the process that the matter of the complaint has been satisfactorily addressed. A mechanism for reporting the complaint to the Client Representative to enable any appropriate contractual remedy to be pursued against the Contractor. ::ODMA\PCDOCS\DMEDINBURGH\464647\1 8

9 How quickly are breaches investigated 33. Paragraph 2.4 of the CoCP provides : All complaints, comments and queries received shall be registered in a suitable Log and appropriate action in response instigated within 24 hours by the Contractor. A record of remedial action shall be logged, in the event of a complaint a follow up letter or electronic communication shall be passed to the complainant within 48 hours of the initial complaint, outlining their complaint and the remedial action being undertaken by the Contractor. What are the practical penalties for breaking the COCP 34. Breach of the CoCP will be a breach in the Contract and would attract penalties which will be proportionately applied but at the most extreme could include potential termination of the contract. 35. In the event of significant and continued breach by the contractor, the employer will be entitled to step in and carry out remedial works at the contractor s expense. ::ODMA\PCDOCS\DMEDINBURGH\464647\1 9